Criminal miscellaneous petitions, criminal appeals and revisions

Drafting, Pleading and Conveyance · Unit III · Topic 12 of 19 · 6 min read

Common criminal miscellaneous petitions, the petition to quash under section 528 BNSS and the Bhajan Lal categories, appeals against conviction and acquittal under sections 413 to 419, suspension of sentence, criminal revision under sections 438 and 442, and model drafts of each.

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On this page

1. Criminal miscellaneous petitions
2. The petition to quash: section 528
3. Criminal appeals
4. Criminal revision
5. Model: petition to quash under section 528
6. Model: grounds of a criminal appeal against conviction
How this is examined

Cases checked to exist. Read the judgment before quoting a holding.

Every case cited here has been checked to exist — the citation resolves and names the right parties. The propositions attributed to each case have not been verified line by line against the judgment. Case names link through to the full judgment: read it before quoting a holding in an examination answer, and never carry a proposition from notes into court on trust.

Name the power. Criminal courts have no general jurisdiction to grant whatever a party asks. Each petition must be tied to a section of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) or another law, and the grounds must match that section’s test. A quashing petition is argued on the Bhajan Lal categories; an appeal on errors in the judgment; a revision on illegality or impropriety.

1. Criminal miscellaneous petitions

“Criminal miscellaneous petition” covers the many applications filed during a criminal case. The common ones:

Interim custody of property (a seized vehicle, jewellery): section 497 (formerly 451 CrPC).
Exemption from personal appearance and appearance through counsel: the Magistrate’s powers under the provisions on summons cases and trial.
Discharge: sections 250 (Sessions) and 262 (warrant cases on police report) of the BNSS.
Transfer of a case: sections 447 and 448 (formerly 407 and 408).
Inquiry into an offence affecting the administration of justice, such as a false affidavit: section 379 (formerly 340).
Quashing: section 528, the inherent powers of the High Court (formerly section 482 CrPC).

2. The petition to quash: section 528

Section 528 preserves the inherent power of the High Court to make orders necessary to give effect to any order under the Sanhita, to prevent abuse of the process of any court, or otherwise to secure the ends of justice. The settled guide is State of Haryana v. Bhajan Lal, 1990 INSC 363, 1992 Supp (1) SCC 335, which listed categories where an FIR or proceeding may be quashed. In short:

The allegations, taken at face value, do not make out any offence.
They do not disclose a cognizable offence justifying investigation without a Magistrate’s order.
The uncontroverted allegations and evidence do not disclose an offence.
Only a non-cognizable offence is disclosed and no Magistrate’s order was obtained.
The allegations are so absurd and improbable that no prudent person could find sufficient ground to proceed.
There is an express legal bar to the institution or continuance of the proceeding.
The proceeding is manifestly attended with mala fides or instituted maliciously for private vengeance.

The Court added that the power is to be used sparingly and in the rarest of cases. A quashing petition should identify which category applies and show it from the FIR itself, not from the accused’s version of disputed facts.

3. Criminal appeals

Section 413: no appeal except as provided by law. The proviso gives the victim a right of appeal against acquittal, conviction for a lesser offence or inadequate compensation.
Section 415: appeal against conviction — to the High Court from a trial by a Sessions Judge, or where imprisonment above seven years is passed; to the Court of Session from a conviction by a Magistrate.
Section 418: appeal by the State against inadequacy of sentence.
Section 419: appeal against acquittal by the State; in a complaint case the complainant may appeal to the High Court with special leave (section 419(4)).
Section 423: every appeal is made by a petition in writing, accompanied by a copy of the judgment.
Section 430: pending appeal, the appellate court may suspend the sentence and release the convict on bail, recording reasons.

4. Criminal revision

Under section 438 (formerly 397) the High Court or Sessions Judge may call for and examine the record of an inferior criminal court to satisfy itself of the correctness, legality or propriety of any finding, sentence or order and the regularity of proceedings. Section 438(2) bars revision of interlocutory orders, and section 438(3) bars a second revision by the same person to the other court. Section 442 (formerly 401) states the High Court’s revisional powers. Revision is not a second appeal: it is for errors of law, jurisdiction or a perverse finding.

5. Model: petition to quash under section 528

Illustrative template, hypothetical facts.

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH Crl. P. No. ____ of 2026

Sri Vinod K. Rao and another … Petitioners (Accused) v. State of Karnataka by Keshwapur Police and Smt. Rekha P. Shetty … Respondents

CRIMINAL PETITION UNDER SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 to quash the proceedings in C.C. No. ____ of 2026 on the file of the JMFC (II Court), Hubballi.

The second respondent alleges that the petitioners took an advance of Rs. 5,00,000 for the sale of a site.
The complaint itself admits that the second respondent was shown the petitioners’ registered title deed and that she was informed of the earlier sale in July 2026 by the petitioners themselves, who offered to refund the advance.
Ground (Bhajan Lal category 1). Even taken at face value, the complaint shows at most a failure to complete a contract and to refund an advance. It does not allege facts showing a dishonest intention at the time of the representation, an essential ingredient of section 318 BNS.
Ground (category 7). The complaint was filed after the second respondent refused a refund by cheque in August 2026 and demanded interest at 24 per cent, to pressure the petitioners in a money dispute.
The second respondent has a civil remedy by suit for refund.

Prayer: quash the proceedings in C.C. No. ____ of 2026 against the petitioners and, pending disposal, stay further proceedings. Sd/- Advocate for Petitioners.

Compare this with the model complaint in the previous note. That complaint pleaded that the site had already been sold before the offer, which is a fact pointing to dishonest intention at inception. On those facts, category 1 would fail. A quashing petition is only as strong as the gaps in the complaint.

6. Model: grounds of a criminal appeal against conviction

Illustrative template. Criminal Appeal under section 415(3) BNSS to the Court of Session against conviction under section 303(2) BNS (theft) by the JMFC.

The judgment of conviction and sentence is contrary to law and to the evidence.
The only eyewitness, PW-2, did not identify the appellant in court; the trial court relied on his statement to the police, which is inadmissible as substantive evidence.
The recovery of the stolen mobile phone under a disclosure statement (proviso to section 23(2) BSA, formerly section 27 Evidence Act) was not proved by an independent panch; PW-5 turned hostile.
The trial court did not consider the defence evidence that the appellant was at work in Hubballi at the time.
The sentence of two years is excessive for a first offender aged 20; the court did not consider release on probation.

Prayer: set aside the conviction and sentence and acquit the appellant; in the alternative, reduce the sentence or release him on probation; pending appeal, suspend the sentence and release him on bail under section 430.

How this is examined

The syllabus lists “criminal miscellaneous petition” and “memorandum of appeal and revision” separately. The record should include a section 528 petition, an application for interim custody under section 497, a criminal appeal and a criminal revision (3 marks each). At the viva: the Bhajan Lal categories; the victim’s right of appeal under the proviso to section 413; the bar on revision of interlocutory orders; and the difference between appeal and revision.